Molnar v Woollahra Council [2017] NSWLEC 1041

Land and Environment Court New South Wales

Medium Neutral Citation: Molnar v Woollahra Council [2017] NSWLEC 1041 Hearing dates: 19-20 January 2017 Date of orders: 14 March 2017 Decision date: 07 February 2017 Jurisdiction: Class 1 Before: Morris C Decision: See paragraphs 85 and 86 Catchwords: MODIFICATION OF CONSENT: increase height and location of deck and swimming pool, tree removal Legislation Cited: Environmental Planning and Assessment Act 1979; Woollahra Local Environmental Plan 2014; Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Sydney Harbour Foreshores and Waterways Area Development Control Plan 2005; Woollahra Development Control Plan 2015 Category: Principal judgment Parties: Robert Molnar (Applicant)

Woollahra Council (Respondent) Representation: Counsel: Ms J Reid (Applicant)

Solicitors: Hartley Solicitors (Applicant) Ms A Berry Lindsay Taylor Lawyers (Respondent) File Number(s): 318471/2016

Judgment 1. Woollahra Council refused an application lodged on behalf of the applicant which sought to modify a development consent that originally provided for the change of use from a residential flat building to a dwelling house by extensive alterations and additions to a 4-storey building including new off-street car parking, a new swimming pool with deck and extensive landscaping (DA174/2014/1), the original consent. The applicant is appealing that determination pursuant to the provisions of Section 97AA of the Environmental Planning and Assessment Act 1979 (EP&AAct).